1982-09-28 Regular Meeting3172
Chairman Douglas read the corrected ordinance section as follows:
SECTION 3. That this ordinance was proposed, considered and adopted under
the laws of Florida and was enacted by a majority vote of the City Council and
shall become effective upon its final passage.
Councilman Watford moved to amend the ordinance to read "a majority vote of the
Council ", seconded by Councilman Knight. Councilmen Knight, Chapman, and Watford voted
yes. Councilman Burk did not vote. Motion carried.
Councilman Watford then moved to adopt the ordinance to approve the budget as amended,
seconded by Councilman Chapman. Councilmen Knight, Chapman and Watford voted yes.
Councilman Burk opposed. Motion carried.
ADJORNMENT
There being no further business the meeting adjourned at 9:15 P.M.
ATTEST:
Bonnie S. Thomas, CMC
City Clerk
City of Okeechobee
Edward W. Douglas,
Chairman /Mayor
City of Okeechobee
THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CLERK'S OFFICE
REGULAR MEETING
TUESDAY, SEPTEMBER 28, 1982
The City Council of the City of Okeechobee, Florida, met in Regular Session at
7:00 P.M., Tuesday, September 28, 1982, in the City Council Chambers, 55 Southeast
Third Avenue, Okeechobee, Florida.
Chairman /Mayor Edward Douglas called the meeting to order with the following Councilmen
present:
Edward W. Douglas, Chairman /Mayor
Donald Burk, Vice Chairman
James H. Knight
Dowling Watford
Oakland Chapman
Others present were:
Bonnie S, Thomas, City Clerk
Richard C. Fellows, City Administrator
L.C. Fortner, Jr., Director of Public Works
David M. Conlon, City Attorney
James Broome, Consulting Engineer
Larry Mobley, Police Chief
L. Keith Tomey, Fire Chief
Janice M. Mann, Deputy Clerk
I l T h ilT 11
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PETITION TO RESCIND BUDGET AMENDMENT
Separating the City Clerk's office
And the Finance Department
We the undersigned citizens and taxpayers of the City of
Okeechobee, Florida, petition the Members of the City Council
of the City of Okeechobee to rescind the Budget Amendment to
the General Fund Budget for Fiscal year 1982 -1983 passed
September 8, 1982, which has the effect of separating the City
Clerk's office and the Finance.Deartment >, for the following
reasons:
1. Before this amendment was passed, there was a
separation of the powers, a system of checks and
balances, as to the City's finances. The
amendment in question nullifies the separation of
powers and places control of the City's finances
solely under the City Administrator's authority.
2. According to The City of Okeechobee, Florida,
Code of Ordinances, Administration, Art. 1,Sec.
2 -1 and 2 -2, the City Clerk must be furnished with
a checkbook for each checking account maintained
by the City and the City Clerk as the
responsibility of maintaining said checkbook,
making reports and furnishing data thereon, as
well as countersigning checks issued on the city's
depository bank or banks. The City Clerk is
therefore accountable for at least a portion of
the City's finances and should not abe accountable
without authority to manage the finances as well.
3. The City Clerk is an elected official, elected
by the citizens of the City of Okeechobee, and
charged with the duty to exercise and manage the
City's finances. We the citizens and taxpayers of
the City of Okeechobee wish to elect the
individual who will direct and manage our City's
finances and do not prefer a system where the
\�
T 11
3/ 7'02
Finance Director will be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties as to the City's
Finances which requires, that the City Clerk remain
intimately involved with the management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
Clerk of carry out the duties imposed by Charter.
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk as Finance Director of the
City of Okeechobee.
Name
a.414-
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2
Address
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Name
?.L,j 7210_,7
!. Off,
Address
3 (0 G ,2-4/r/
(xi S
Finance, Director will be appoitted and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties as to the City's
Finances which requires that the City Clerk remain
intimately
involved with the management of the
City's finances. The
amendment in • question makes
it impractical, if not
impossible, for the City
Clerk of carry out the duties imposed by Charter
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982-1983
and tei4statement of the City
City of Okeechobee.
Name
2
Clerk as Finance Director
ii
I
Address
of the
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Address
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Finance Director will
be appointed and held
accountable to the City. Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties as to the City's
Finances which requires that the City Clerk remain
intimately involved with the management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
Clerk of carry out the duties imposed by Charter
Laws.
conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund
and reinstatement of the City
City of Okeechobee.
Name
Budget for Fiscal Year 1982 -1983
Clerk as Finance Director of the
�w-
2
Address
y7 7
305 (t),P-s7 so7)
130-0 �S.tti %/..• ,mod
363 S, VAt-k ST-
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Name
3
Address
10/0 sccJ G "`/ itc
O`er /G S'c C7 /` I4vi=--
Finance Director will be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties as to the City's
Finances which requires that the City Clerk remain
intimately involved with the management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
Clerk of carry out the duties imposed by Charter
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk as Finance Director of the
City of Okeechobee.
Name . Address
f? pp
G lZeirert-- 1 Qtc . -- ✓
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3171
Finance Director will be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties as to the City's
Finances which requires that the City Clerk remain
intimately involved with the management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
Clerk of carry out the duties imposed by Charter
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk
City of Okeechobee.
i
as Finance Director of the
Address
57$' /3
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laoo S E 5W4 5't. Okeer t milee, FL .
l�Gl1 s/y. 97; �/-L.
4 ,� . S /3—
cjac 5• /3,4 A_i
/t') i
Finance Director will be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties as to the City's
Finances which requires that the City Clerk remain
intimately involved with the management of the
City's finances.. The amendment in question makes,
it impractical, if not impossible, for the City
Clerk b carry out the duties imposed by Charter
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk as Finance Director of the
City of Okeechobee.
Name Address
2
cQ (9 ?4
F0 9, s;F /.sue - 577
/:262 s kocac).
7L2d
looss.1474-fl,„
819 K
Finance Director will be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties, as to the City's
Finances which requires that the City Clerk remain
intimately involved with the management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
Clerk of carry out the duties imposed by Charter
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendtent to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk as Finance Director of the
City of Okeechobee.
Name
FfiA1447/ -A.
/
2
Address
561.- Sw
/90 Gt S' w s '1/)±
/ S
/01 s4/ '
('),.? 5 )e& 4x
,7o3 sf�
(A zd..
6 . a S, w, II A vC-
/o Sty .
6, sw 5-14f P,P- a -
J i:fy /4"1,
aol (43 ,cue.
6/1•2
Finance Director will be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties as to the City's
Finances which requires that the City Clerk remain
intimately involved with the management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
Clerk of carry out the duties imposed by Charter
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk as Finance Director of the
City of Okeechobee.
Name
1174"
ppi
r
,mil
C
#1
ea/n
A-1:LA"?
n _
Address
° A, 5 E A,0664
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-Z S 49 /d ate
.7/ Ni; 45/
605
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folcV?
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Name
Address
/375 2'4 A e
/64 JP/ae---dtz, .66"71c2?` 9
Alid ?iv
,
Afit.14i'',1,k )1 41 01(' 9
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V
tlitt AM1 gTh
3
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Finance Director will
be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is
the Charter Laws
responsibilities
charged by
of the City of Okeechobee, with
and duties as to the City's
Finances which requires that the City Clerk remain
intimately involved with the management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
Clerk -(5.(f' carry out the duties imposed by Charter
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk as Finance Director of the
City of Okeechobee.
Name
?hewv
I T T
2
Address
Cam,
3io» </st_/
Dr /v. at _4/4
/n 5,�.
4,03 Stf
3"g' 44,
/46)/ F-5-.
ao 7 ow a P n's
if
T
Finance Director will be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties. as to the City's
Finances which requires that the City Clerk remain
intimately involved 'with the management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
Clerk of carry out the duties imposed by Charter
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk as Finance Director of the
City of Okeechobee.
Name Address
, a 5/7/ exe,04.azzl-A.k. aizac JAL'
gd
2
ix/
o?a 7Se--P ST
w
Jrn p
Finance Director will be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties' as to the City's
Finances which requires that the City Clerk remain
intimately involved with the management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
Clerk of carry out the duties imposed by Charter
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk as Finance Director of the
City of Okechobee.
Name Address
a -A & ire, dit / C eir
9ihp11413, th/ 2 Vg sr-.
2
1 T I if T T
Finance Director will be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties as to the City's
Finances which requires that the City Clerk remain
intimately involved with the management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
Clerk fie-°€ carry out the duties imposed by Charter
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk as Finance Director of the
City of Okeechobee.
Name Address
4d ?YE 8r
2
J/71 ,e?
Finance Director will be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties as to the City's
Finances which requires that the City Clerk remain
intimately involved 'with the management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
0
Clerk a& carry out the duties imposed by Charter
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk as Finance Director of the
City of Okeechobee.
Name Address
2
Name
,s
.ir/c h -c
Address
9O S`wdDndS7
/7o / s7
70 tip/ S 5
3
TE
I
J/7 7
t
Finance Director will be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties as to the City's
Finances which requires that the City Clerk remain
intimately involved with the .management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
Clerk of carry out
Laws.
the duties imposed by Charter
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk as Finance Director of the
City of Okeechobee.
i
2
Address
// o � w � 4 r Ckee �u.
1772 S(/Rj
/ A' 1-1/
-t n • : c`4
IF
I
Finance Director will be appointed and held
accountable to the City Administrator.
4. The Office of the City Clerk is charged by
the Charter Laws of the City of Okeechobee, with
responsibilities and duties as to the City's
Finances which requires that the City Clerk remain
intimately involved with the management of the
City's finances. The amendment in question makes
it impractical, if not impossible, for the City
Clerk of carry out the duties imposed by Charter
Laws.
In conclusion, we the undersigned citizens and taxpayers
of the City of Okeechobee do demand recision of the Budget
Amendment to the General Fund Budget for Fiscal Year 1982 -1983
and reinstatement of the City Clerk as Finance Director of the
City of Okeechobee.
Name
:• tor._�
rai
!� -�f
2
Address
70/
its Jf
/ /d? S i1 rives
CO Si- 10) f/
«72o s
TE
T
1
Charter Laws, Section 25 allows the City Council to create
offices and to abolish the offices that are created by them.
However, they "shall not abolish an office created under
this Act ". Therefore, the City Clerk's Office may not be
abolished by ordinance.
A. Charter Duties of the City Clerk:
Sec. 32 (1) Attend all meetings of the City Council.
a) Keep a true and correct record of the
proceeds of all meetings of the council.
b) Act as custodian of the records of the
council.
Sec. 46 -C(2) Execution of notes of the city.
Sec. 48 (3) Attestation of bond and interest coupons.
Sec. 49
Sec. 63 (4) Keep record of indebtedness, render an
itemized report thereon to City Council
monthly.
B. Duties by Ordinance
Sec. 2 -1 (1) Performance of duties prescribed by charter,
general law and the council, iri the manner
prescribed by the council.
a) Maintenance of city checkbooks.
b) Maintain reports and records prescribed
by the City Council in the form prescribed
by the City Council.
Sec. 2 -2 c) Countersign checks drawn on the city's
depository.
Sec. 6 -1 (c) Supervisor of Elections.
Sec. 10 -6 d) Sale and issue of licenses, issue receipts
Sec. 10 -7 for license tax.
* Sec. 2 -96
Finance director designated custodian
and withholding agent for city.
* This outline does not include those responsibilities and
duties now abolished (i.e., tax assessments, etc.).
Tir r1
3173
3
82 -1
82 -68
AGENDA ITEM # I - INVOCATION AND PLEDGE
The invocation was offered by City Clerk Bonnie S. Thomas followed by the
Pledge of Allegiance.
AGENDA ITEM #II - APPROVAL OF MINUTES
Councilman Knight moved to approve the minutes of the budget workshops of
August 31 and September 1, 1982, along with the first budget hearing on September 8,
1982, as presented, seconded by Councilman Watford. Motion carried.
AGENDA ITEM #111 - FINAL HEARING - ORDINANCE AMENDMENT - GROUP HOMES
Chairman Douglas presented for final public hearing an ordinance proposing to
amend the zoning ordinance to provide for the establishment of group homes by Special
Exception in Residential General -2 (RG -2) zoning districts,
Chairman read the title as follows:
AN ORDINANCE TO AMEND APPENDIX A, THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE
DISTRICT REGUALTIONS TO ALLOW GROUP HOUSING BY SPECIAL
EXCEPTION IN RESIDENTIAL GENERAL -2 (RG -2); PROVIDING AN
EFFECTIVE DATE.
The floor was opened for comments, suggestions or objections from those present
in the audience.
Attorney Burton Conners stated, "In the course of investigating the questionable
areas, I determined that the group home concepts falls into the category of 'Boarding
House' which is permitted in a RG -2 area." In support of his position, Attorney
Conners presented case law, which reads "zoning laws are in derogation of common law."
Conners further cited the definition of "Boarding House" from the City's Zoning
Ordinance.
"Since you have not specifically excluded the type of house, proposed to be
built, from a Boarding House definition," Attorney Conners stated, "it is my position
legally speaking, the City can not prohobit us from building what we are going to
build as the Zoning Ordinance presently stands.
Now we have set for public hearing tonight a final reading of a proposed ordinance
to amend the zoning code to allow for a special exception for grope homes."
Attorney Conners noted that since the last City Council meeting, he has received
input from the Central Florida Regional Planning Council (CFRPC), in terms of model
ordinance from other areas; and also some input from Health & Rehabilitation
Services (HRS) concerning what they feel a group home is.
Attorney Conners summarized, "it is my feeling from having reviewed that
even though the Planning Board did enact a definition and propose an amendment to you,
we should go back and revise that definition."
Conners asked the Council to decide that, in fact, they do qualify as a
boarding house and also, that the proposed amendment be sent back to the Planning Board
3174
82 -71
for further revision and work.
Attorney Conlon advised Council that Attorney Conners' position of the law was
correct, because a zoning ordinance enacted by a municipality does restrict the use of
property. The law would closely scrutinize the restriction so that the benefit of
doubt would most probably lie with the unrestricted use of the land.
Conlon advised it is factual for the Council to decide if the proposed group home
falls within the definition of "Boarding House" in the Zoning Ordinance.
Council discussed the various alternatives they have regarding this request and
proposed ordinance amendment.
Citizen June Boromei asked Council to consider a petition signed by adjoining
property owners objecting to the residence being built in their area.
Attorney Conlon advised those present that the property in question is located
in a Residential General -2 (RG -2) area not Residential Single Family (RSF), and
Boarding Home type facilities are allowed in RG -2 under Special Exception.
Council reviewed the zoning map. Attorney Conlon explained, for those present,
the procedures taken when the current zoning map was created.
After brief discussion, Councilman Burk noted the question of the interpretation
of the law had been adequately explained by the attorneys. However, for clarification
of definition, the ordinance amendment should go back to the Planning Board.
Councilman Watford moved to rescind, the proposed ordinance amendment and send
it back to the Planning Board for further study, clarification of definition and
proper advertisement, seconded by Councilman Burk. Motion carried.
Chairman Douglas opened the floor for discussion on the authorization of a letter
pertaining to the proposed Group Homes grant application by the Okeechobee Residential
Services.
After brief comments, Councilman Knight moved to authorize the drafting of the
needed letter to complete the grant application for the Rehabilitation Center and asked
the Center to look for another site if possible, due to the opposition, seconded by
Councilman Watford.
Following brief discussion, Chairman Douglas called for a vote. Councilmen
Chapman, Watford and Knight voted yes. Councilman Burk opposed. Motion carried.
CANDIDATE - FLORIDA HOUSE OF REPRESENTATIVES
Bill Beck, candidate for the Florida House of Representatives, District 77, appeared
before the Council.
AGENDA ITEM #IV - ROCK -A -WAY CONTRACT - PARKING LOT PAVING
Chairman Douglas called for discussion and possible action by Council to authorize
the execution of Change Order Number One on the contract between Rock -A -Way and the
City of Okeechobee for the expansion of the parking lot east of City Hall to reduce the
3175
82 -75
82 -11
82 -48
original amount from Ten Thousand Five Hundred Thirty -Three Dollars ($10,533.00)
to Nine Thousand Three Hundred Thirty -Three Dollars ($9,333.00) by reducing the
amount of asphalt from one and a half inches (11 ") to one inch (1 ").
Councilman Burk asked if reducing the amount of asphalt would affect the over all
life of the parking lot. Engineer Broome advised it would cause no problem, one
inch (1 ") of S -1 type asphalt is used on roads. Council discussed the pros and cons
of reducing the amount of asphalt.
Councilman Burk moved to allow the execution of Change Order Number One reducing
the contract amount to Nine Thousand Three Hundred Thirty -Three Dollars ($9,333.00)
by reducing the amount of asphalt to one inch (1 "), seconded by Councilman Chapman.
Motion carried.
AGENDA ITEM #V - NEW STATE ROAD 70 BRIDGE
Chairman Douglas noted authorization is needed for Broome,Van Ostran and Associates
to undertake a review of the Department of Transportation's plans for the construction
of a new State Road 70 bridge. Broome, Van Ostran and Associates would then approach to
identify the utility conflicts and prepare the bid proposals to have the necessary work
done in connection with extending a twelve inch (12 ") water line and appropriate size
sewer line along State Road 70 and the new bridge.
Councilman Burk moved that the authorization be granted, seconded by Councilman
Chapman.
Following brief discussion, Chairman Douglas called for a vote on the motion.
Motion carried.
AGENDA ITEM #VI - ENGINEERING AGREEMENT
The next item on the agenda is discussion and action by the Council to authorize
the adjustment of Appendix A of the engineering agreement between the City and Broome,
VanOstran and Associates, which establishes time of staff payroll. The adjustment
reflects the increased costs of doing business.
Aministrator Fellows noted initial investigation revealed that proposed Appendix
A is well below other engineering firms.
Councilman Chapman moved to authorize the adjustment of Appendix A of the
engineering agreement between the City and Broome, VanOstran, seconded by Councilman
Knight.
Brief discussion of the impact of this on the new budget. Chairman Douglas
called for a vote. Motion carried.
AGENDA ITEM #VII -201 FACILITY PROJECT
Director of Public Works L.C. Fortner, Jr., elaborated on the fiscal year 1983
proposed construction grants priority list for 201 projects, from the Department of
Environmental Regulation (DER).
3176
82 -76
82 -53
82 -21
DER estimates that Eighty -Two Millon Dollars ($82,000,000.00) will be alloted
to the State this year for sewage treatment plant construction and anticipates
Sixty -Four Million Dollars ($64,000,000.00) of that to be allocated for direct con-
struction purposes. There are over one hundred fifty (150) cities on the project
list of which the top seven (7) will be funded. Unfortunately Okeechobee is ninth
on the list so we will not receive any funds unless a city ahead of us can not meet
the deadlines.
Director Fortner also noted that DER has split the Okeechobee project into two
parts with the construction of the new sewage treatment plant in priority position
number nine but the construction of pumping stations and interceptors are in priority
position number forty -five. In summary, any 201 funding is far in the future.
AGENDA ITEM #VIII - PROPOSED WATER &SEWER CAPACITY CHARGES
Director Fortner presented for discussion the proposed system capacity charges
for the water and sewer. Fortner noted these charges would be set aside in a special
fund to be used for new construction, expansion of the system, plant, etc.
Attorney Conlon suggested deleting the charges for "Outside City ", until a
study can be made to justify a fifty percent (50 %) greater rate charge for outside
the City, the maximum the Florida Statutes allow.
Council discussed briefly the Okeechobee Rehabilitation Center new construction.
Council agreed they should pay the present eighty cent (800 per gallon sewer charge.
It was agreed by the Council for an ordinance to be drafted for public hearings
regarding the proposed system capacity charges.
AGENDA ITEM #IX - MAYOR TO CALL ON AUDIENCE
Citizen Andy Rubin spoke out on the sewer taps by County residents, and asked
Council to research any charges thoroughly.
AGENDA ITEM #X — MAYOR TO CALL ON CITY ATTORNEY, CITY CLERK, CITY ADMINISTRATOR,
AND COUNCILMEN FOR REPORTS AND /OR REQUESTS.
City Clerk Bonnie Thomas presented the Warrant Registers for Council approval.
Clerk Thomas elaborated briefly on the plans for establishing a credit union.
Attorney Conlon reported on an article published in the Miami news concerning
a Federal Appellate Court statement that "running at large" as opposed to "district
requirements "; being a constitutional test. Conlon to research and study the opinon.
Administrator Fellows reported on the meeting he attended last week. The HUD
Small Cities Community Block Grant Program seminar's main theme was "Economic
Development ". 1) There is no longer a requirement that you have a housing assistance
plan. 2) You are no longer required to target all of these improvements in the low
and moderate income neighborhoods. 3) There is a new provision that will allow the
City to use grant money to attract industry; provide water and sewer for industry;
drainage. The Central Florida Regional Planning Council is willing to work with the
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City in putting together an application.
The Florida Inovation Group meeting concerned local governments working with
the private sector in finding new ways to do things for less money. (ie: City of
Clearwater has developed a system for a hand held computer to read water meters
and issue a bill on site. Also, Florida Power & Light Company is exploring a
working arrangement whereby they would read water meters as well under a contract
with cities). Fellows listed several other ideas discussed at the seminar.
Councilman Watford advised Council for their information, that as a member he
receives a loan review from the CFRPC. From this report Councilman Watford learned
that Mrs. McFarland's request for a letter stating water service can be supplied to
a "housing project" is in fact for a "Farm Labor Rental ".
Councilman Watford questioned the ruling in West Palm Beach regarding double
taxation and the fact that Okeechobee County is now going to study the City /County
agreement.
Attorney Conlon advised that the City does not have a signed agreement, however,
we do have documentation of "detrimental reliance" upon which the City's budget was
based, therefore, the County is obligated to pay.
Chairman Douglas presented a memorandum from Building Official Westbrook
regarding the use of his own vehicle and receiving only twenty cent (20) per mile
allowance. Westbrook requested that Council reconsider its decision.
Council discussed the possibility of purchasing a vehicle. Administrator Fellows
will report back October 12th, on the alternatives.
Chairman Douglas reported on the meeting with the engineer in regard to the
proposed addition to City Hall. And asked for Council input on having the engineer
submit two alternate floor plans, for study.
Council discussed, at length, the need for two separate floor plans, also, what
to do with the remaining office space when the Police Department moved to the new
building.
Councilman Knight suggested that the Department Heads determine who gets what
space, have the plans drawn up accordingly, then bring it back to the Council.
Council agreed.
Councilman Burk moved that the Water & Sewer Warrant Register of August 3, 1982,
in the amount of Forty -Eight Thousand Eight Hundred Forty -Eight and 58 /100ths Dollars
($48,848.58) be approved, seconded by Councilman Chapman. Motion carried.
Councilman Burk moved that the Water & Sewer Warrant Register of September 15,
1982, in the amount of Fifty -Nine Thousand One Hundred Fifty -Nine and 41 /100ths Dollars
($59,159.41) be approved, seconded by Councilman Watford. Motion carried.
Councilman Burk moved that the General Fund Warrant Register of September 15, 1982
in the amount of One Hundred Twenty Thousand Two Hundred Eighty -Three and 13 /100ths
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Dollars ($120,283.13) be approved, seconded by Councilman Chapman. Motion carried.
ADJOURNMENT
There being no further business, the meeting adjourned at 9:15 P.M.
ATTEST:
AL, . l/% %%!L(■%,
Bonnie S. Thomas, CMC
City Clerk
City of Okeechobee
��
ward W. Douglas, D.C.
Chairman /Mayor
City of Okeechobee
THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CLERK'S OFFICE
REGULAR MEETING
TUESDAY, OCTOBER 12, 1982
The City Council of the City of Okeechobee, Florida, met in Regular Session at
7:00 P.M., Tuesday, October 12, 1982, in the City Council Chambers, 55 Southeast Third
Avenue, Okeechobee, Florida.
Chairman /Mayor Edward Douglas called the meeting to order with the following
Councilmen present:
Edward W. Douglas, Chairman /Mayor
Donald Burk, Vice Chairman
Oakland Chapman
James H.Knight
Dowling Watford
Others present were:
Richard C. Fellows, City Administrator
David M. Conlon, City Attorney
L.C. Fortner, Jr., Director of Public Works
James Broome, Consulting Engineer
Larry Mobley, Police Chief
L. Keith Tomey, Fire Chief
Janice M. Mann, Deputy Clerk
City Clerk Bonnie S. Thomas was absent.
AGENDA ITEM 4#I - INVOCATION AND PLEDGE
The Invocation was offered by Councilman Dowling Watford followed by the Pledge of
Allegiance.
AGENDA ITEM #II - APPROVAL OF MINUTES
With no corrections, additions or deletions needed, Councilman Chapman moved to
approve the minutes of the September 14, 1982, regular meeting, seconded by Councilman
Burk. Motion Carried.
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AGENDA
CITY COUNCIL
CITY OF OKEECHOBEE
COUNCIL CHAMBERS
REGULAR MEETING
SEPTEMBER 28, 1982
7:00 P.M.
I. Invocation and Pledge of Allegiance.
II. Approval of the minutes of the budget workshops of August 31, 1982 and September
1982 along with the minutes of the 1st public hearing of adoption of tentative
budget on September 8th.
III. Public hearing and final reading of an Ordinance proposing to amend the zoning
ordinance to provide for the establishment of group homes by Special Exception
in RG -2 zoning districts.
IV. Action by the Council to authorize the execution of Change Orger Number One on
the contract between Rock -A -Way and the City of Okeechobee for the expansion of
parking lot east of City Hall to reduce the original contract amount from $10,533
to $9,333 by reducing the amount of asphalt from one and a half inches to one inch
V. Authorization for Broome, Van Ostran and Associates to undertake review of DOT
plans for the construction of a new State Road 70 bridge and approaches to identif
utility conflicts and prepare the necessary bidding documents for advertising at
an appropriate time based on the Department of Transportation construction schedul
VI. Action by the Council to authorize the adjustment of Appendix A of the engineering
agreement between the City and Broome, Van Ostran and Associates to reflect the
higher expenditures due to inflation.
VII. Report to the Council on the fiscal year 1983 proposed construction grants priorit
list for 201 projects.
VIII. Discussion relative to proposed water and sewer system capacity charges.
IX. Mayor to call on anyone in the audience wishing to address the Council.
X. Mayor to call on City Attorney, City Clerk, City Administrator and Councilmen for
reports and /or requests.
XI. Adjournment.